Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Initially, when a petition for injunction against domestic violence is filed in Florida, a temporary injunction may be entered without a hearing. The temporary injunction is usually set to expire on or shortly after the date of a hearing set on the petition. If the hearing is postponed, the temporary injunction may be extended through the next hearing date. What happens if a hearing gets postponed several times? This was an issue in the case Marquez v. Rivera, 4D21-682 (Fla. 4th DCA June 23, 2021).
The alleged victim sought an injunction against dating violence. Upon the filing of her petition, a temporary injunction was entered in January 2020. The temporary injunction was extended many times along with a hearing on the petition. When the last extension was granted in December 2020, almost one year after the petition was filed, the accused party appealed, arguing the trial court in extending the injunction once again because there had been no showing of good cause to merit another continuation of the final hearing. The appellate court agreed with the accused party, and reversed the extension of the temporary injunction. The court held there was no showing or allegation of good cause for another continuance of the final hearing.
If you are involved in a Florida domestic violence case and need assistance, contact a Miami family law attorney for a consultation.